Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-29
A SALOONIST
Has Some Structures to Make on the "Intel
ltgencer's" Position.

Has Some Structures to Make on the "Intel-
ligencer's" Position.
To he Editor Oftis Register:
"A Citizen" in Saturdays Iateligeaeer,
under the heading OF Ignorance Its Only
Refuge" criticises your paper for saying
that the Police and Fire Board Ordinance
is unconstitutional. After citing the Con-
stitution of the United States IN its quail
ticatiors for President aud other officers
and our State Constitution in Its qualili.
cations for State officers, he claims, that
If the United States and the State OF West
Virginia eau do these things, cur Co IGcil
can also DO so. Subject TO the higher
creation, law power" He admits that 1.-THE
legislation of Council shall at all times
form to the Constitution and law of the
State"
Council has no right TO legislate on any
subjects, which are not mentioned i'll
the charter of the city, and any
ordinance in direct conflict with the
provisions of the charter is illegal
The charter presc1bes that the Mayor ald
members of Council shall he elected from
among the legally qualified voters, and
that all officers Of the city shall also be
chosen from them. Legally qualified voters
are all males in the city 81 years OF age
aud upwards, qualified to vote for mem
bers of the State Legislature, who have
resided in the city one year, and also citl-
zens of the State who own = freehold OF
$500 in value within the city. Not word
is said about reading or writing EOglish
or selling liquor as being disqualifying
causes. This being so, how can Citizen"
claim that Council has not been guilty of
passing an illegal ordinance when it passed
an ordinance prescribing qualifications for
holding office which conflict with the State
law and the city charter?
Where does the charter say that drink
ing man shall not hold Office in our city?
If there is such q clause, the enforcement
OF it will make large hole in our body Of
local legislators. 1t may be, as Citizen"
says, "immaterial now whether the
Supreme Court passed directly upon the
consttutionality of the ordinance" 1t
may be so to the Republican party, but it
is not immaterial to the non-reading and
writing English part Of our voters, and 10
the large number ofYoters whO,,are engaged
in the sale of liquor. We claim to be the
equals in every respect, of the Republican
members of Council, who passed this ordi-
nance. Wepay one-fourth of the income
of this city in licenses for the carrying on
a business recognized as legal by State and
city. We have been Endorsed by these
same Republican COuncilmen rs men
Of good moral characters and not addicted
to drunkenness and gaming" yet q
brand OF infamy is placed on US, and We
are declared to he unit to be selected from
among the qualified voters to fill office I'M
der our city government. Citizen" sneer-
ingly asks how can We test the constitu-
tionality ofthe ordinance since the Supreme
Court has declared the laws OF 1875 IN
constitutional, and by so doing deprived
ten honest citizens OF their right to petition
our highest legal tribunal for the righting
Of this monstrous wrong placed on one
class of our citizens. 1t is true that the
Supreme Court, after laying down the prin-
ciple that ''the power to revoke statute
or ordinance is equivalent to the power to
repeal it, and in either case the power is
Legislative and not judicial in its character,
did practically revoke the statute, but re-
fused to touch the ordinance. This action
OF the Court, Citizen" seems to accept as
an acknowledgement by the Supreme
Court that our City Council is greater
legislative body than the State Legislature.
Whether another effort will be made to
test the legality Of the ordinance We do
not know. If the prescribed classes OF our
voters feel that il will be useless to again
appeal to the courts for Justice, one way is
still open for them in the near future. 1t
will not be many months until a part Of
the Supreme Court will present their
names for consideration to the voters of
the State. Then we will be a part of a
Supreme Court before whom their official
conduct will come for revision, and it may
be that we will not feel kindly disposed To-
wards men, who have assisted our Repub-
icsn Council in fixing brand of infamy
on rs forengagiDg in business which has
BEEN decided by themselves to he as legiti-
mate as any other business carried on
among US. SALOoNIST.